51XChild abuse material disposal order

51X Child abuse material disposal order

(1) On an application under section 51W, the court may order that the seized thing, or the electronic material contained in the seized thing, to which the application relates be—

(a) forfeited to the State; and

(b) destroyed or disposed of in a manner determined by the court and specified in the order.

A child abuse material disposal order that relates to a seized thing that is child abuse material results in forfeiture of the seized thing. A child abuse material disposal order that relates to electronic material that is contained in a seized thing results in forfeiture of the electronic material only.

(2) The court may only make a child abuse material disposal order—

(a) if satisfied, on the balance of probabilities, that—

(i) the seized thing is, or the electronic material contained in the seized thing includes, child abuse material; and

(ii) the return to a person of the seized thing, or of the electronic material contained in the seized thing, may result in the commission of a child abuse material offence; or

(b) if satisfied, on the balance of probabilities, that—

(i) the seized thing contains encrypted or password protected electronic material; and

(ii) there are reasonable grounds to believe that the electronic material includes child abuse material.

(3) The court has power to give any direction necessary to give effect to a child abuse material disposal order made by it.

(4) Without affecting any other right of appeal, a person who has an interest in a seized thing, or in electronic material contained in a seized thing, may appeal against a child abuse material disposal order made in respect of it.

(5) An appeal is to be made by a person in the same manner as if the person had been convicted, by the court that made the order, of a child abuse material offence and the order were, or were part of, the sentence imposed in respect of that offence.

(6) On appeal—

(a) the child abuse material disposal order may be confirmed, discharged or varied; or

(b) the matter may be remitted for re-hearing to the court that made the order with or without any direction in law.

(7) A child abuse material disposal order is stayed during the appeal period.

appeal period means the period permitted under the Criminal Procedure Act 2009 for commencing an appeal of a kind mentioned in subsection (5) or, if such an appeal is commenced within that period, the determination of the appeal.

S. 51Y inserted by No. 47/2016 s. 16.